Bayne v. Board of County Commissioners
Supreme Court of Minnesota
Appeal by defendant from an order of the district cburt for Wright county, Giddings, J., overruling a general demurrer to the complaint. The complaint does not state a cause of action upon either count,, for the reason that it is nowhere stated that the bridges for which the alleged contracts were made were to be located upon county roads.
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Appeal by defendant from an order of the district cburt for Wright county, Giddings, J., overruling a general demurrer to the complaint. The complaint does not state a cause of action upon either count,, for the reason that it is nowhere stated that the bridges for which the alleged contracts were made were to be located upon county roads. In our state all highways established under state or county authority are county roads (G. S. 1894, § 1844) and the duty of constructing these roads and all bridges thereon devolves on the various counties. All other roads are town roads, 'and the care and…
1Opinion of the CourtCollins, J.
This is an appeal from an order overruling a general demurrer to the complaint, in which two separate causes of 'action were'set forth. It was alleged in the first that the defendant, as the board of- county *3commissioners of Wright county, and plaintiff entered into a contract in writing, by the terms of which the latter was to furnish all of the material, except the lumber, and erect and complete certain iron bridges in the town of Stockholm, in said county, at the agreed price of $1,200; that plaintiff had fully performed his contract in the manner and within the time specified; that these…
2Cases cited5 opinions
- Reed v. City of AnokaSupreme Court of Minnesota · 1902
- Webb v. School District No. 3Supreme Court of Minnesota · 1901
- Old Second National Bank v. Town of MiddletownSupreme Court of Minnesota · 1896
- Gillette-Herzog Manufacturing Co. v. Board of County CommissionersSupreme Court of Minnesota · 1897
- Collom v. BixbySupreme Court of Minnesota · 1885
3Cited by2 opinions
- Griswold v. County of RamseySupreme Court of Minnesota · 1954
- Armstrong v. Board of County CommissionersSupreme Court of Minnesota · 1907